Ex Parte ODINAK et al - Page 9




          Appeal No. 2001-2030                                                         
          Application No. 08/874,046                                                   


          group being configured to compose and send messages according to             
          a protocol that differs from a protocol employed by another group            
          of components...” [emphasis added], and this is not taught by                
          either Bertsch (upon which the examiner relies for such a                    
          teaching) or Guidette (upon which the examiner relies for the                
          teaching of a group identifier code), or by Dykema (upon which               
          the examiner relies for changing key values in claims 4, 5, 10-              
          20, 26 and 35-51), we will not sustain the rejections of claims              
          1, 2, 6, 8, 10, 11, 13-16, 20-22 and 24 under 35 U.S.C. 103.                 
               With regard to claim 35, while this claim does not contain              
          the exact same language as claim 1, it is clear that claim                   
          35 requires components to belong to particular groups and that               
          messages are sent between components within that group according             
          to a protocol common to that group of components.  The claim also            
          requires first and second message authentication codes which are             
          calculated, in part, from a key value shared between sending and             
          receiving components.  Since the examiner is basing the rejection            
          of this claim on the reasoning applied to claim 1, it is not                 
          clear how the examiner is treating these additional requirements             
          of claim 35 and, accordingly, no prima facie case of obviousness             
          has been established by the examiner.  We note that the examiner             
          makes no argument regarding the use of multiple protocols                    

                                         -9–                                           





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